Insights and Analysis
AI-washing – when AI hype becomes a litigation risk
Tobias Darm-Tobaben, B.Sc.
Senior Associate Litigation, Arbitration, and Employment
Languages
English, German
After completing a degree in business administration in Hamburg, Tobias pursued legal studies in Hamburg and Maribor, Slovenia. During his legal traineeship, he gained practical experience in Hogan Lovells’ Employment Law Practice Group in Hamburg and London, as well as at the German Consulate General in Houston, Texas — giving him a profound understanding of the legal and cultural nuances of international mandates.
Tobias is widely recognised for his expertise in employee data protection, having played a pivotal role in building Hogan Lovells’ Task Force on Employee Data Protection. He advises clients on data protection risks arising from new technologies and automated decision-making. In contentious matters, he represents employers before the labour courts in individual and collective disputes.
A leading figure at the intersection of technology and employment law, Tobias guides employers through the regulatory and co-determination challenges of integrating AI and digital tools into day-to-day operations — including works council consultation requirements, and the evolving EU and German regulatory framework. He also regularly advises on restructuring projects, managing the implications of workforce transformations, transfers of undertakings, and site closures. His combination of technological fluency and commercial legal acumen enables him to deliver tailored, forward-looking solutions for his clients.